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Often, obtaining a passport for a minor is more complicated than people expect. It is helpful to have an understanding of the requirements of the process, especially when only one parent is involved. Sometimes the other parent is unavailable, uncooperative, or perhaps residing outside of the country. Under those scenarios certain requirements still must be met. Let’s take a comprehensive look at how to get a passport for a child with an absent parent.
Do Both Parents Have to Be Present and Sign for a Passport?
If you and your child’s other parent share joint legal custody, notarized consent from both parents is required to obtain a passport for a minor. If one parent is not available, a special circumstances form can be completed. If you have sole legal custody of your child, the other parent’s consent is not required. Oftentimes, petitioning the court for judicial intervention is necessary, sometimes requesting that the court require the other parent to execute the consent form.
Can I Get My Child a Passport with One Parent Absent?
If necessary, under certain circumstances, the court can enter an order that can be provided to the United States Passport Agency and used to obtain the passports.
In accordance with www.travel.state.gov all children under the age of 16 must apply for a passport in person with two parents or guardians using form DS – 11. Both legal parents/legal guardians must apply for the passport with the child, or the legal parent/legal guardian that cannot apply with the child must complete the form to be submitted with the application. If the required consent form is not submitted, the request for a passport will likely be denied.
What is the Parental Information Necessary for a Passport Application?
When navigating this process, people often want to know if you need your ex-spouse’s information for a passport. In order to successfully complete a child’s passport application, certain parental information is required including: the full names of both parents at birth, even if they are deceased or their current location is unknown; their city and state of birth if they were born in the U.S.; or their country, city, and province of birth if they were born outside the U.S.
While considering how to get a passport for a child with an absent parent, it’s important to provide accurate contact information for both parents, even if one parent is absent at the time of application.
Can a Step-parent sign for a passport?
No, a stepparent cannot sign for a passport. Only the individuals listed on the child’s birth certificate can participate in the passport application process.
What are the Reasons for Denied Passports?
Passport applications can be denied for a number of reasons, including inaccurate or incomplete information, missing documents, missing photos or photos that don’t meet strict State Department requirements. Outstanding child support payments are a common reason for an adult’s passport application to be denied, but can also impact a child’s passport application if the applying parent has this or other outstanding obligations, such as unpaid federal taxes, criminal convictions, outstanding warrants, or other violations of passport laws.
So, Here’s How to Get a Passport for a Child With an Absent Parent
Unlike adults, minors under the age of 16 cannot apply online for a U.S. passport. Instead, they must apply for passports in person, and there are additional parental consent requirements. These are intended to protect against concerns like kidnapping, parental abduction, and unauthorized international travel. U.S. passports issued to minors under the age of 16 are valid for only up to five years, as compared with up to ten years for adult passports.
Children under age 16 must appear in person at a U.S. passport acceptance facility, along with at least one parent or guardian, but preferably both. If one parent cannot be present to sign the application, more documentation will need to presented, as indicated below:
Required Documents for a Child’s Passport Application
Your child’s proof of U.S. citizenship
Documents presented as evidence of your child’s U.S. citizenship must have the official seal or stamp of the government office which issued it. You will need to present a paper document (no digital copies accepted) of one of the following:
- Your child’s original birth certificate (with a raised seal/stamp)
- The child’s undamaged valid or expired previous U.S. passport (if applicable)
- A Consular Report of Birth Abroad or any birth document issued by the U.S. Department of State
- the child’s Certificate of Naturalization
Note: You will need to bring the original plus a photocopy of your child’s citizenship evidence document from the list above.
Proof of parental relationship
To process a child’s passport application the State Department must verify the legal relationship between every child and parent or guardian. You therefore must present one of the following documents:
- The child’s birth certificate (naming both parents)
- An adoption decree
- A court order establishing custody/guardianship
Note: If your name is different from the one on the document showing your relationship to the child, you must also show proof of the name change (such as a name change decree or marriage certificate).
Parent(s) identification –
Parents or guardians must bring a physical, photo ID to apply for a child’s passport. You must bring both of the following:
- A valid, government-issued photo ID (driver’s license, state ID, or passport) for the applying parent(s).
- Photocopies: You will need to provide both front and back photocopies of all IDs presented.
Passport photos
- You will need to provide two passport photos with your child’s application. The photo must be recent (taken within the last 6 months) and it must meet other passport requirements: 2×2 inches, on a white background, no eye glasses or hats, a clear image of the face using no filters and with a neutral expression.
- You may have your child’s passport photo taken at a variety of places. Most photo stores, some pharmacies, and some post offices offer this service.
Application fee
You can apply for a passport book ($100), a passport card ($15), or both ($115). Use a check or money order payable to “U.S. Department of State,” and write the child’s name and date of birth in the memo section. (Please note, the passport card alone cannot be used for international air travel; it may be used only to enter the U.S. by land or sea, from Mexico, Canada, the Caribbean, or Bermuda. For all other international travel, the passport book is required.) You will also pay a separate $35 processing fee to the passport acceptance facility.
The Application Process Step-by-Step (when one parent is absent)
Step 1: Gather all of the necessary documents that are listed above.
Step 2: Complete Form DS-11 (Do not sign this form until you are asked to do so by the passport acceptance agent, in their presence.)
Step 3: When one parent will be absent from this appointment, you will need to show more documents:
- If you share custody but one parent is absent, secure consent from the absent parent (a notarized form DS-3053).
- If you are the only legal parent or guardian of the child, or you have sole legal custody, you will need additional documentation (either a court order granting you sole custody, a birth certificate or adoption decree listing you as the only parent or guardian, or a certified copy of the death certificate of a deceased parent or guardian.)
- If you share custody but cannot find the other parent to get their consent, you will need to submit a Statement of Special Family Circumstances: DS-5525.
Step 4: Schedule an appointment at a passport acceptance facility. Acceptance facilities include post offices, clerks of court, public libraries, and other local government offices.
Step 5: Attend the appointment with your child.
Remember, you and your child must appear together in person at your acceptance facility appointment. The acceptance agent will review and accept your documents and collect the fees. You will sign the DS-11 in the presence of the agent.
Step 6: Track your application status using the State Department’s online tracking tool.
What if the Other Parent Refuses to Cooperate?
If the other parent refuses to cooperate in the application process for your child’s passport, you should explain that there are legal measures (such as form DS-5525 explained above) to circumvent their refusal. You should also consult with your family law attorney, who can petition the court for an order compelling the other parent to sign the DS-3053, or granting the applying parent sole authority to obtain the passport. Unless the existing divorce or custody agreements restrict international travel, the court will evaluate your specific situation and prioritize your child’s benefit in deciding to grant the request. Your family law attorney can help you navigate this process.
One other very important point: If you are concerned that your child may be taken abroad by the other parent without your knowledge, you can enroll in the Children’s Passport Issuance Alert Program (CPIAP).
D&D Law is Here For You and Your Child
Obtaining a passport for a minor can be frustrating, and sometimes very confusing with the added element of attempting this with one parent absent. You will likely have questions about obtaining a passport for a minor or how to get a passport for a child with an absent parent. Here at DeTorres & DeGeorge, we work diligently to ensure that our clients have the necessary information and the tools available to them to navigate challenging circumstances. Contact us today for a consultation. We are here to help!
